MALI
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Malian Authority for the Regulation of Telecommunications and Posts (AMRTP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
MALI
Since July 2009
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Telecommunications Company of Mali (SOTELMA) or Sotelma-Malitel has been privatized. It operates under the brand Moov Africa Malitel whose services are: landline, mobile, Internet and electronic money (Mobicash). The supplier (Maroc Telecom Group) holds 51% and the Malian State (49%) of participation.
Coverage Telecommunications sector
MALI
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Mali mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
MALI
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Mali to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
MALI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Mali does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Mali since 2002.
Coverage Horizontal
MALI
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Mali has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MALI
Since April 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Mali has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MALI
Since March 1977, as amended in December 2015, entry into force in November 2020
Since June 2017
Since June 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Law No. 2017-012 of 01 June 2017, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali (Loi No. 2017-012 du 01 juin 2017 fixant le régime de la propriété littéraire et artistique en République du Mali)
Law No. 2017-012 of 01 June 2017, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali (Loi No. 2017-012 du 01 juin 2017 fixant le régime de la propriété littéraire et artistique en République du Mali)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Mali and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a clear regime of copyright exceptions, which enables the lawful use of copyrighted work by others without obtaining permission. In addition, Chapter IV of Title I of Law No. 2017-012 also provides for limitations on copyrights.
Coverage Horizontal
MALI
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the government has limited capacity to combat IPR violations. A significant number of IPR violations have been reported in the arts sector. Many CDs, movies and books are reportedly pirated. The Malian Office of the Rights of the Author (Bureau Malien du Droit d'Auteur or BUMDA), which is a body in charge of copyright protection, has reported that counterfeit products are increasingly coming from Mali.
Coverage Horizontal
MALI
Since October 1984
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Mali is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MALI
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Mali, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/582620
- http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- http://www.droit-afrique.com/images/textes/Afrique/OAPI/OAPI%20-%20Guide%20depot%20brevet.pdf
- https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=ML&doc-lang=en#GENERAL%20INFO
- Show more...
MALI
Since May 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2018-0473/PM-RM of May 28, 2018 adopting measures orientation of public ordering towards small and medium-sized companies and national production (Décret No. 2018-0473/PM-RM du 28 mai 2018 portant adoption de mesures d'Orientation de la Commande Publique vers les Petites et Moyennes Entreprises et la Production Nationale)
Art. 5.2 of Decree No. 2018-0473/PM-RM provides that in the case of a contract awarded by a decentralized authority or one of its public establishments, a contract applicant who plans to subcontract at least 30% of the overall value of the contract to a Malian company, a Malian craftsman or a Malian artisanal company, may benefit from a margin of preference not exceeding 5%, which may be added to the Community's right of preference under public procurement regulations. Also, the Decree states that the contracting authorities must ensure that a proportion of public contracts are subject to competition between Small and Medium-sized Enterprises (Art. 5.4). On the other hand, according to Art. 11.1, a margin of preference of 25% is granted to products of Malian origin and/or to companies under Malian law whose capital is majority owned by nationals for all types of contracts whose amounts do not reach the thresholds of public procurement. Furthermore, according to Art. 11.3, without prejudice to the provisions relating to national preference, when awarding a public contract or a public service delegation, a preference of 5% is given to the bid submitted by a craftsman or craft company with a fixed base or permanent establishment in Mali. This artisanal preference rate is cumulative with the national preference rate of 15% referred to in Art. 11.1.
Coverage Horizontal
MALI
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Mali is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
MALI
Since September 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2015‐604/P‐RM of September 25, 2015 on the Code of Public Procurement and Public Service Delegations (Décret No. 2015‐604/P‐RM du 25 septembre 2015 portant Code des marchés publics et des délégations de service public)
According to Art. 76 of Decree No. 2015-604/P-RM, a preference shall be given to the tender submitted by a community company. A community company is defined as a company whose head office is located in a member state of the West African Economic and Monetary Union (WAEMU). This preference must be quantified in the form of a percentage of the amount of the bid up to 15%. The terms and conditions of application of community preference, particularly with regard to the types of acquisition concerned and their beneficiaries, are determined by the WAEMU Commission.
Coverage Horizontal
MALI
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Mali is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods